STAND. COM. REP. NO. 3214

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 1947
                                        H.D. 2
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Water, Land, and Hawaiian Affairs, to
which was referred H.B. No. 1947, H.D. 2, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO FISHERIES,"

begs leave to report as follows:

     The purpose of this measure is to limit the possession,
sale, or trade of shark fins unless the fins were taken from a
shark landed whole in the State.

     Testimony in favor of the measure was submitted by the
Department of Land and Natural Resources, the Office of Hawaiian
Affairs, Kaho`olawe Island Reserve Commission, the Hawaii and
National Audubon Societies, Sierra Club, Hawaii and Kauai
Chapters, Hawaii Fisherman's Foundation, Greenpeace, Earthtrust,
the Earth Justice Legal Defense Fund, and twelve individuals.
The Western Pacific Regional Fishery Management Council, Mid-
Pacific Ship Agent, Ltd., R.C., International Inc., Honolulu
Agency, Inc., Tay Enterprises Internationale, the Chinese
Culinary Arts Society of Hawaii, and the Hawaii Boaters Political
Action Association testified in opposition.

     Your Committee has heard considerable testimony regarding
shark finning, and acknowledges the many and varied concerns
expressed.  Your Committee notes that a previous concern has been
addressed by exempting vessels that do not off load cargo in the
State or its territorial waters and finds that this measure would
address an issue of ongoing controversy in a balanced manner.

 
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     Another concern succinctly raised by the local Chinese
community was that the wording contained in the measure as
received made buying unlawfully harvested shark fins illegal.
The purchasers of such shark fins rarely know how the shark fins
were harvested and would be at risk of unknowingly committing an
illegal act.  Your Committee does not believe that this was the
original intent of the measure, nor does your Committee believe
it should be.

     Your Committee is also concerned over the application of the
shark fin regulation in waters outside the jurisdiction of the
State.  Your Committee believes that because federal law allows
the State to regulate state-registered vessels even when the
vessels travel outside the State's jurisdictional waters, these
vessels should be governed by the prohibition regardless of the
vessel's location when harvesting shark fins.

     In light of these concerns, your Committee has amended the
measure by:

     (1)  Limiting its scope by clarifying that the intent of the
          measure is to make it illegal to knowingly harvest
          shark fins from the territorial waters of the State, or
          land shark fins in the State, unless the fins were
          taken from a shark landed whole in the State, rather
          than to knowingly harvest for sale, possess for sale,
          buy, sell, or trade shark fins that were not landed
          whole in the State;

     (2)  Amending the definition of "landed" to include the
          present tense form of the word and to specify that the
          definition refers to the landing of sharks or any part
          thereof; and

     (3)  Including a provision that declares that vessels
          registered pursuant to Section 200-31, Hawaii Revised
          Statutes, are still subject to the shark finning
          prohibitions when fishing outside the territorial
          waters of the State unless federal law supersedes its
          application.

     Your Committee believes that the amended measure provides a
moderated solution to the issue of shark finning that is not
inconsistent with the federal Magnuson Act.

     As affirmed by the record of votes of the members of your
Committee on Water, Land, and Hawaiian Affairs that is attached
to this report, your Committee is in accord with the intent and
purpose of H.B. No. 1947, H.D. 2, S.D. 1, as amended herein, and

 
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recommends that it pass Third Reading in the form attached hereto
as H.B. No. 1947, H.D. 2, S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Water, Land, and
                                   Hawaiian Affairs,



                                   ______________________________
                                   COLLEEN HANABUSA, Chair

 
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